Both houses of the Iowa Legislature on Thursday approved in party-line votes an amendment that would enshrine pro-gun language affirming the right to bear arms in the Iowa Constitution. The language of the amendment is written similarly to the Second Amendment of the U.S. Constitution, with notable and important additional elements.

“The right of the people to keep and bear arms shall not be infringed,” the amendment reads. “The sovereign state of Iowa affirms and recognizes this right to be a fundamental individual right. Any and all restrictions of this right shall be subject to strict scrutiny.”

The most impactful portion of the amendment is the final phrase, subjecting gun restrictions to “strict scrutiny,” a legal phrase that carries a very specific meaning. A strict scrutiny test, as opposed to a rational basis test, requires that legislation be narrowly tailored for compelling straight interest, the highest hurdle a law may face when its constitutionality is reviewed by a court. 

“In a rational basis review, all the court has to do is see if there is a connection between means and ends … and it seems to be that’s enough, and the legislation is sustained,” said Dirk Deam, teaching professor of political science at Iowa State. “In strict scrutiny, the rationale has to be a compelling state interest … meaning that the argument has to be so good that you’re forced to accept it even if you don’t want to.”

A compelling state interest does permit some curtailment of fundamental rights, Deam said, such as those that restrict automatic weapons and explosives.

Iowa’s proposed gun rights amendment, if ratified, would make the state only the fourth in the nation to adopt a strict scrutiny standard for gun control measures, alongside Alabama, Louisiana and Missouri.

During the debate in the legislature, Republican lawmakers argued that the strict scrutiny language was included to counter what they called activist judges from permitting unconstitutional restrictions. Democrats countered that strict scrutiny could permit gun control measures already part of Iowa law, such as background checks, to be overturned.

Deam said in constitutional law, any case involving a fundamental right is already subject to strict scrutiny. Fundamental rights include free speech, equal protection and, following previous U.S. Supreme Court cases, the Second Amendment. Such a clause in the Iowa Constitution would only be necessary if the federal right was amended out of the U.S. Constitution.

“If the state of Iowa wants to declare gun ownership a fundamental right, then by standard judicial processes, it deserves strict scrutiny,” Deam said. “[The strict scrutiny language] is really just superfluous.”

The proposed amendment was first passed by the Iowa Legislature in 2019. The constitutional amendment process in Iowa requires any proposed amendment to be approved by two consecutive legislative sessions before being put to the public for ratification at the following general election. Iowa’s legislative sessions last two years, beginning in odd-numbered years. Adoption of the amendment this year means voters will be able to ratify or reject the amendment in the 2022 election.

Legislation supporting gun rights has been a rallying cry for Republicans, said Kelly Shaw, associate teaching professor of political science at Iowa State.

“There is certainly an element of political optics here and of playing to their base,” Shaw said. “They previously approved rules allowing guns to be carried inside the Capitol … they’re practicing what they preach.”

Shaw agreed with Deam that it’s not a substantial change and it doesn’t give citizens any additional rights. He also pointed out it could permit Republican lawmakers to further restrict the way in which businesses can prohibit concealed and open carry of firearms on their premises.

“Iowa’s shown a tendency of moving to the right,” Shaw said. “It’ll likely pass when it goes to the general election.”